Gesetz über die unternehmerischen Sorgfaltspflichten zur Vermeidung von Menschenrechtsverletzungen in Lieferketten (Lieferkettensorgfaltspflichtengesetz – LkSG)

Altenschmidt, Stefan; Helling, Denise

doi:10.37307/b.978-3-503-21155-5.01

LkSG 2022

DOI: 10.37307/b.978-3-503-21155-5.01

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Gesetz über die unternehmerischen Sorgfaltspflichten zur Vermeidung von Menschenrechtsverletzungen in Lieferketten (Lieferkettensorgfaltspflichtengesetz – LkSG)

Stefan Altenschmidt¹,

Denise Helling²

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“…Such key definitions are currently missing from the LkSG, specifically from §2. This definitional ambiguity against the background of a very broad notion of responsibility leave the law clearly open to potential abuse (Teichmann, 2022).…”

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confidence: 99%

“…This intrinsically extends the range of responsibility of companies to their entire manufacturing process. Considering the infancy of these laws, this is a considerable overshot (Teichmann, 2022). The LkSG is the first time in German legislative history that a due diligence obligation has required companies to oversee other legally independent companies (Rühl, 2022).…”

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confidence: 99%

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What does it mean for a corporation to take responsibility for its supply chain?

Teichmann¹,

Wittmann²

2022

JFC

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Purpose Through the lens of ethical appreciation, this paper aims to discuss what it means for a company to claim taking responsibility for its supply chain and whether this is a reasonable demand to make by corporations. Design/methodology/approach The place of ethics in economic and legislation is not selfevident. The intersection of ethics and economics through the topic of supply chains is approached by breaking down, respectively, the integral features of supply chains and the ethical considerations in compliance regulations. Findings The transnational nature of global supply chains, the depth of manufacturing tiers and the power asymmetries between buyer and seller are some of the fundamental sticking points in dissecting corporate social responsibility. Originality/value This paper uses a unique parallel perspective of the broad ethical concerns, which have developed under the umbrella term of responsibility, as well as the finer ethical details which are integral to supply chains as international structures of dependency.

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confidence: 99%

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confidence: 99%

What does it mean for a corporation to take responsibility for its supply chain?

Teichmann¹,

Wittmann²

2022

JFC

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Das neue Lieferkettensorgfaltspflichtengesetz – Herausforderungen, Chancen und Ausblick

Konrads

Walter²

2022

Z Außen Sicherheitspolit

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Strategies for Traceability to Prevent Unauthorised GMOs (Including NGTs) in the EU: State of the Art and Possible Alternative Approaches

Teufel,

López Hernández,

Greiter

et al. 2024

Foods

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The EU’s regulatory framework for genetically modified organisms (GMOs) was developed for “classical” transgenic GMOs, yet advancements in so-called “new genomic techniques (NGTs)” have led to implementation challenges regarding detection and identification. As traceability can complement detection and identification strategies, improvements to the existing traceability strategy for GMOs are investigated in this study. Our results are based on a comprehensive analysis of existing traceability systems for globally traded agricultural products, with a focus on soy. Alternative traceability strategies in other sectors were also analysed. One focus was on traceability strategies for products with characteristics for which there are no analytical verification methods. Examples include imports of “conflict minerals” into the EU. The so-called EU Conflict Minerals Regulation requires importers of certain raw materials to carry out due diligence in the supply chain. Due diligence regulations, such as the EU’s Conflict Minerals Regulation, can legally oblige companies to take responsibility for certain risks in their supply chains. They can also require the importer to prove the regional origin of imported goods. The insights from those alternative traceability systems are transferred to products that might contain GMOs. When applied to the issue of GMOs, we propose reversing the burden of proof: All companies importing agricultural commodities must endeavour to identify risks of unauthorised GMOs (including NGTs) in their supply chain and, where appropriate, take measures to minimise the risk to raw material imports. The publication concludes that traceability is a means to an end and serves as a prerequisite for due diligence in order to minimise the risk of GMO contamination in supply chains. The exemplary transfer of due diligence to a company in the food industry illustrates the potential benefits of mandatory due diligence, particularly for stakeholders actively managing non-GMO supply chains.

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Gesetz über die unternehmerischen Sorgfaltspflichten zur Vermeidung von Menschenrechtsverletzungen in Lieferketten (Lieferkettensorgfaltspflichtengesetz – LkSG)

Cited by 3 publications

References 0 publications

What does it mean for a corporation to take responsibility for its supply chain?

What does it mean for a corporation to take responsibility for its supply chain?

Das neue Lieferkettensorgfaltspflichtengesetz – Herausforderungen, Chancen und Ausblick

Strategies for Traceability to Prevent Unauthorised GMOs (Including NGTs) in the EU: State of the Art and Possible Alternative Approaches

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